Review of the new jersey transit corporation



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NJ TRANSIT’s next Title VI Submittal is due to FTA on October 20, 2011. NJ TRANSIT was directed by the Regional Civil Rights Officer to prepare its next submittal in accordance with FTA Circular 4702.1A.




FINDINGS OF THE PROGRAM-SPECIFIC REQUIREMENTS AND GUIDELINES FOR RECIPIENTS SERVING LARGE URBANIZED AREAS





  1. Demographic Data

Requirement: FTA recipients serving large urbanized areas shall collect and analyze racial and ethnic data showing the extent to which members of minority groups are beneficiaries of programs receiving Federal financial assistance.
Findings: During this Title VI Compliance Review of NJ TRANSIT, deficiencies were found regarding NJ TRANSIT’s compliance with FTA requirements for Demographic Data. After the Site Visit and prior to the issuance of the Draft Report, NJ TRANSIT corrected these deficiencies.
Using the options presented in FTA C. 4702.1A, V, 1.a., NJ TRANSIT selected Option A: Demographic and Service Profile Maps and Charts.
This Option requires the following items:

Elements Required for Demographic Data

(Per FTA C. 4702.1A, V, 1. a.)

Included in NJ TRANSIT’s

Title VI Submittals?

A base map of the agency’s service area that includes each census tract or traffic analysis zone (TAZ), major streets, etc., fixed transit facilities and major activity centers. The map should also highlight those transit facilities that were recently modernized or are scheduled for modernization in the next five years.

Yes

A demographic map that plots the above information and also shades those Census tracts or TAZ where the percentage of the total minority and low-income population residing in these areas exceeds the average minority and low-income population for the service area as a whole.

No

A chart for each Census tract or TAZ that shows the actual numbers and percentages for each minority group within the zone or tract.

Yes

Prior to the Site visit, NJ TRANSIT utilized a single statewide map that showed minority populations in certain ranges (e.g., 0-10%; 11%-20%, etc.). The map did not identify areas where the concentrations of minorities exceeded the average in the State. The maps did not identify low-income populations or identify the ethnicity of the minority populations.


Following the Site Visit, NJ TRANSIT provided the following maps, dated May 2010:

  • NJ TRANSIT – Demographic Analysis Black Population (Region 1)

  • NJ TRANSIT – Demographic Analysis Latino Population (Region 1)

  • NJ TRANSIT – Demographic Analysis Asian Population (Region 1)

  • NJ TRANSIT – Demographic Analysis Black Population (Region 2)

  • NJ TRANSIT – Demographic Analysis Latino Population (Region 2)

  • NJ TRANSIT – Demographic Analysis Asian Population (Region 2)

  • NJ TRANSIT – Demographic Analysis Black Population (Region 3)

  • NJ TRANSIT – Demographic Analysis Latino Population (Region 3)

  • NJ TRANSIT – Demographic Analysis Asian Population (Region 3)

  • NJ TRANSIT – Demographic Analysis Black Population (Region 4)

  • NJ TRANSIT – Demographic Analysis Latino Population (Region 4)

  • NJ TRANSIT – Demographic Analysis Asian Population (Region 4)

  • NJ TRANSIT – Demographic Analysis Black Population (Region 5)

  • NJ TRANSIT – Demographic Analysis Latino Population (Region 5)

  • NJ TRANSIT – Demographic Analysis Asian Population (Region 5)

  • NJ TRANSIT – Demographic Analysis Black Population (Statewide)

  • NJ TRANSIT – Demographic Analysis Latino Population (Statewide)

  • NJ TRANSIT – Demographic Analysis Asian Population (Statewide)

  • NJ TRANSIT – Demographic Analysis, Poverty Households (Statewide)

The statewide maps showed concentrations of minorities exceeding the statewide average of 33.988 percent and concentrations of poverty exceeding the statewide average of 8.289 percent. The regional maps also contained a depiction of NJ TRANSIT’s commuter rail, light rail, and bus network and also included neighboring public transportation service such as PATCO in southern New Jersey. The maps identified hospitals, schools, NJ TRANSIT bus garages and NJ TRANSIT facilities recently modernized or to be modernized within five years. These maps are adequate to close the deficiencies in this area.




  1. Systemwide Service Standards and Policies

Requirement: FTA recipients serving large urbanized areas shall adopt quantitative system-wide service standards necessary to guard against discriminatory service design or operations decisions. Recipients serving large urbanized areas shall adopt system-wide service policies necessary to guard against discriminatory service design or operations decisions. Service standards differ from service policies in that they are not based necessarily on a quantitative threshold.



Findings: During this Title VI Compliance Review of NJ TRANSIT, deficiencies were found regarding NJ TRANSIT’s compliance with FTA requirements for Systemwide Service Standards and Policies. After the Site Visit and prior to the issuance of the Draft Report, NJ TRANSIT corrected these deficiencies. FTA Circular 4702.1A describes effective practices to fulfill the service standard requirements. FTA recommends that recipients set standards for the following indicators, giving transit agencies latitude to set standards for different/or additional indicators at their discretion:


Service Standards

Service Policies

  • Vehicle Load

  • Vehicle Assignment

  • Distribution of Transit Amenities

  • Transit Security

  • Vehicle Headway




  • Service Availability




  • On-time Performance



Prior to the Compliance Review, NJ TRANSIT provided service standards and/or system-wide service policies for the following indicators by type of service:



Standard or Policy

Commuter Rail

Light Rail and Subway

NJ TRANSIT Bus

Vehicle Load

Yes

Yes

Yes

Vehicle Headway

Yes

Yes

Yes

Distribution of Transit Amenities

No

No

No

Transit Access

No

Yes

No

Vehicle Assignment

Yes2

Yes

No

Transit Security

No

No

No

During the Site Visit, it was determined that many of the standards contained in the Title VI submittal were not quantifiable and several were not currently used to measure performance. NJ TRANSIT agreed to update its standards and submit those to FTA for purposes of evaluating service provided to minority and non-minority communities and low-income and non-low income communities.


Following the Site Visit, on May 27, 2010, NJ TRANSIT provided the following updated quantifiable service standards or service policies for its services:

Quantifiable Standard or Policy

Commuter Rail

Light Rail and Subway

NJ TRANSIT Bus3

Access Link

Vehicle Load

92%-95%

125%

90%-125%




Vehicle Headway

10-60 min.

15-30 min.

15-120 min.

N/A

On-Time Performance

95%

96.5%

85% - 90%

92.5% - 97.75%

Distribution of Transit Amenities

Yes, per 2005 Standards Manual

Yes, per 2004 Design Criteria

6-8 stops/mile

N/A

Transit Access

No

Yes

No

N/A

Vehicle Assignment

Yes

Yes

Not to exceed

12-15 years






Transit Security

No

No

No

No

These standards are adequate to allow NJ TRANSIT to conduct Title VI monitoring for all modes.




  1. Evaluation of Service and Fare Changes

Requirement: FTA recipients shall evaluate significant system-wide service and fare changes and proposed improvements at the planning and programming stages to determine whether those changes have a discriminatory impact. For service changes, this requirement applies to “major service changes” only. Recipients should have established guidelines or thresholds for what it considers a “major” change.
Findings: During this Title VI Compliance Review of NJ TRANSIT, deficiencies were found regarding NJ TRANSIT’s compliance with FTA requirements for Evaluation of Service and Fare Changes. NJ TRANSIT had not implemented any fare changes or significant service changes in the three year period prior to the Compliance Review. It was in the planning stages of a fare increase and major service reduction at the time of the Review. NJ TRANSIT defined major service reduction as:


  • Abandonment of all service on an entire bus route or rail line;




  • Abandonment of all service on a portion of a bus route or rail line that represents more than 25% of the route or lane miles; or




  • Substantial curtailment of the amount of service on any bus route or rail line, as defined in New Jersey State Act 27:25-8(d).

While this definition was adequate to satisfy FTA urbanized area recipient requirements for public comment for service reductions, it was not adequate to meet the requirements under FTA’s Title VI Circular 4702.1A, which requires a definition of a major service change.


NJ TRANSIT provided documentation that it had conducted a Title VI evaluation of the most recent proposed fare increase and service reductions that were announced on March 5, 2010. The changes were intended to close a budget gap approaching $300 million in FY 2011. The fare increases were proposed to take effect on May 1, 2010, with the service reductions to be implemented on July 1, 2010. NJ TRANSIT provided a summary of the findings to the senior management team. The originally proposed fare increase was an across the board 25 percent fare increase, subject to rounding affecting all modes and fare payment types and media. In response to thousands of comments received from riders during the public comment period, NJ TRANSIT scaled back the original reductions and fare increases significantly, including as examples, 13 bus routes proposed to be eliminated were retained, and fare increases on local bus and light rail services (most heavily used by minority and low-income persons) were increased by an average of ten percent instead of the 25 percent originally proposed.
NJ TRANSIT’s Title VI Analysis of Fare and Service Change Proposal (Analysis), dated March 29, 2010, and Addendum 1 to the Analysis, dated April 2, 2010, submitted to FTA after the Compliance Review, made an attempt to address the required elements described below in FTA Circular 4702.1A:


ELEMENTS REQUIRED FOR EVALUATION OF SERVICE AND FARE CHANGES (PER FTA C. 4702.1A, V, 4.A.)

  1. ASSESS THE EFFECTS OF THE PROPOSED FARE CHANGE ON MINORITY AND LOW-INCOME POPULATIONS.

Route changes – produce maps of service changes overlaid on a demographic map of the service area

Span of service – Analyze available data from surveys that indicate whether minority and low-income riders are more likely to be impacted

Fare changes – Analyze available data from surveys that indicate whether minority and low-income riders are more likely to be impacted

  1. ASSESS THE ALTERNATIVES AVAILABLE FOR PEOPLE AFFECTED BY THE FARE INCREASE OF MAJOR SERVICE CHANGE.

Service changes – Analyze what, if any, modes of transit are available for people affected by the service expansion or reduction. Analysis should compare travel time and costs to the rider of the alternatives.

Fare changes – Analyze what, if any, alternative transit modes, fare payment types or fare payment media are available for people affected by the fare change. Analysis should compare fares paid under the change with fares that would be paid through available alternatives.

  1. DESCRIBE ACTIONS THE AGENCY PROPOSES TO MINIMIZE, MITIGATE, OR OFFSET ANY ADVERSE EFFECTS OF CHANGES ON MINORITY AND LOW-INCOME POPULATIONS.

  1. DETERMINE ANY DISPROPORTIONATELY HIGH AND ADVERSE EFFECTS ON MINORITY AND LOW-INCOME RIDERS. IF ANY, DESCRIBE THAT ALTERNATIVES WOULD HAVE MORE SEVERE ADVERSE EFFECTS THAN THE PREFERRED ALTERNATIVE

NJ TRANSIT provided demographic maps of major bus service reductions, in both its initial Analysis and in Addendum 1, showing that the routes proposed to be discontinued did not appear to be concentrated in minority or low-income communities. For each major service reduction, NJ TRANSIT identified potential alternative services and assessed the cost/time comparison between the service changes and the alternative services. NJ TRANSIT’s initial Analysis used recent survey results to identify the use of various fare media by race and income level. There were no substantial differences, except that low-income customers were more likely to use discounted off-peak round-trip tickets than other rail customers, a media used by approximately two percent of all rail riders and proposed for elimination. The Analysis described that the elimination of the discounted off-peak rail round-trip tickets was expected to generate $8.4 million. Alternatives to not eliminating the discount that would mitigate the impact on low-income riders would be a further increase in all fares or more drastic bus service reductions. NJ TRANSIT’s Analysis also pointed out that the elimination of this discount would lead to a more standardization of fares among the various modes, since there were no discounted off-peak round trip tickets offered on local bus, interstate bus, or light rail. In Addendum 1 to the Analysis, NJ Transit used ridership survey data to show that riders of local bus and light rail service had lower incomes and were more likely to be minority than the average rider of interstate bus and commuter rail services. This supported the decision to have a lower fare increase on local bus and light rail service.


While the Analysis and Addendum 1 addressed many of the required elements of FTA C. 4702.1A, these documents did not include a comparative analysis of the data to confirm that the proposed service reductions and fare increases did not have a disproportionate impact on minorities and low-income persons. The Analysis did not compare service levels and average fares paid before and after the proposed changes by race, ethnicity, and income levels. Additionally, the Analysis did not identify which routes proposed for elimination were primarily operated for the benefit of minorities, non-minorities, or by income level. Specifically, NJ TRANSIT’s Analysis should have addressed the following:


  • Average fare(s) paid by minorities and low-income persons, by mode and fare media, before and after the fare increase. This analysis should include a value factor, such as fare per mile or fare per minute of travel, to account for the fact that the fare should reflect the amount of service provided.




  • Total miles or hours of service operated by NJ TRANSIT and its contractors, to serve minority and low-income communities, compared to service operated for non-minority and non-low income communities before and after the proposed service eliminations. This analysis should consider the users of the service, not the fact that service travels through minority or low-income census tracts. For example, most of NJ TRANSIT’s commuter rail service travels through Newark and other areas of high minority concentration, however, commuter rail service ridership is predominately non-minority.




  • An analysis of the 18 routes listed for elimination in Addendum 1. The analysis should identify which routes served concentrations of minority and low-income areas that exceed the Statewide average, the number of miles and hours operated on each route and the quantifiable basis for elimination (e.g., if low-ridership, what were the ridership measures before the elimination) and how this compared to the 13 routes that were “saved” from elimination.

On November 16, 2010, following issuance of the Draft Report, NJ TRANSIT submitted to the FTA Equal Opportunity Specialist in FTA Headquarters Office of Civil Rights, the following, in accordance FTA Circular 4702.1A:




  • Established guideline or threshold of major service changes

  • A revised Title VI equity analysis that contained a quantitative analysis of its recent service reductions. The analysis showed that there was no disparate impact on minorities or low-income persons.

These corrective actions are adequate to close the deficiencies in this area.


  1. Monitoring Transit Service


Requirement: FTA recipients shall monitor the transit service provided throughout its service area. Periodic service monitoring activities shall be undertaken to compare the level and quality of service provided to predominantly minority areas with service provided in other areas to ensure that the end result of policies and decision-making is equitable service. Monitoring shall be conducted at minimum once every three years. If recipient monitoring determines that prior decisions have resulted in disparate impacts, it shall take corrective action to remedy the disparities.
Findings: During this Title VI Compliance Review of NJ TRANSIT, Advisory Comments were made regarding NJ TRANSIT’s compliance with FTA requirements for Monitoring Transit Service.
NJ TRANSIT was able to document that it had conducted monitoring of its bus and rail services using the procedures described in the outdated FTA Circular 4702.1. For example, NJ TRANSIT defined routes or rail lines as minority routes or lines if they traveled through minority census tracts more than one-third of the trip. This definition no longer applies to service monitoring. NJ TRANSIT was advised that it was to identify those routes that primarily serve minority or low-income riders and conduct monitoring as described in the current Title VI guidance found in FTA Circular 4702.1A, and shown below:


Elements Required for Monitoring – Option A: Level of Service Methodology

(Per FTA C. 4702.1A, V, 5. a.)

Select a sample of bus routes and fixed guideway routes that provide service to a demographic cross-section of the recipient’s population. A portion of the routes in the sample should be those routes that provide service to a predominantly minority and low-income areas.

Assess the performance of each route in the sample for each of the recipient’s service standards and policies.

Compare the transit service observed in the assessment to the established service policies and standards.

In cases in which observed service does not meet the stated service policy or standard, recipients should determine why the discrepancy exists and take corrective action to correct the discrepancy.




Elements Required for Monitoring – Option B: Quality of Service Methodology

(Per FTA C. 4702.1A, V, 5. b.)

Recipients should identify an appropriate number of Census tracts or traffic analysis zones that represent a cross-section of the recipient’s population. A portion of this sample should include Census tracts or traffic analysis zones where minority and/or low-income residents predominate. Recipients should keep in mind that the greater the sample size, the more reliable the results.

Recipients should identify the most frequently traveled destinations for riders using the recipient’s service.

For each of the three most frequently traveled destinations, recipients should compare the average peak hour travel time to destination, average non-peak hour travel time to destination, number of transfers required to reach the destination, total cost of trip to the destination, and cost per mile of trip to the destination for people beginning the trip in the selected Census tracts or traffic analysis zones.

If disparities exist in any of these factors along the trips to any of the destinations analyzed, recipients should determine whether the differences are significant. FTA recommends that recipients employ standard statistical tests for significance to make this determination.

If significant disparities in one or more quality of service indicators have been confirmed, recipients should determine why the disparity exists and take corrective action to correct the disparity.

Elements Required for Monitoring – Option C: Title VI Analysis of Customer Surveys

(Per FTA C. 4702.1A, V, 5. c.)

For their most recent passenger survey, recipients should compare the responses from individuals who identified themselves as members of minority groups and/or in low-income brackets, and the responses of those who identified themselves as white and/or in middle and upper-income brackets.

To the extent that survey data is available, recipients should determine whether the different demographic groups report significant differences in the travel time, number of transfers, and overall cost of the trip or if different demographic groups gave significantly different responses when asked to rate the quality of service, such as their satisfaction with the system, willingness to recommend transit to others, and value for fare paid.

If the agency concludes that different demographic groups gave significantly different responses, it should take corrective action to address the disparities.

Elements Required for Monitoring – Option D: Locally Developed Alternative

(Per FTA C. 4702.1A, V, 5. d.)

Recipients have the option of modifying the above options or developing their own procedures to monitor their transit service to ensure compliance with Title VI. Any locally developed alternative should be designed to ensure that the agency’s service meets the expectations of 49 CFR part 21 as illustrated by the example in Appendix C of the same, which provides that “no person or group of persons shall be discriminated against with regard to the routing, scheduling, or quality of service of transportation service furnished as a part of the project on the basis of race, color, or national origin. Frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, or national origin.”

NJ TRANSIT formally responded that it would follow one of these options in its next service monitoring effort.




FINDINGS OF THE PROGRAM-SPECIFIC REQUIREMENTS AND GUIDELINES FOR STATE DEPARTMENTS OF TRANSPORTATION AND OTHER STATE ADMINISTERING AGENCIES

This section covers Program-Specific Requirements and Guidelines for State DOTs and Other State Administering agencies, administering Elderly Individuals and Individuals with Disabilities, Rural and Small Urban Area, Job Access and Reverse Commute (JARC), and New Freedom funding programs, as well as designated recipients in large urbanized areas for JARC and New Freedom.

13. Statewide Planning Activities

Guidance: State DOTs should have an analytic basis in place for certifying their compliance with Title VI. Examples of this analysis can include, a demographic profile of the State that includes identification of the locations of socioeconomic groups, including low-income and minority populations as covered by the Executive Order on Environmental Justice and Title VI, a statewide transportation planning process that identifies the needs of low-income and minority populations or an analytical process that identifies the benefits and burdens of the State’s transportation system investments for different socioeconomic groups, identifying imbalances, and responding to the analyses produced.
Findings: During this Title VI Compliance Review of NJ TRANSIT, it was determined that the FTA Title VI requirements for Statewide Planning Activities did not apply to NJ TRANSIT, because the New Jersey Department of Transportation was responsible for Statewide Planning.

14. Program Administration



Guidance: State DOT recipients should document that they pass through Federal Transit Administration (FTA) funds under the Transportation for Elderly Individuals and Individuals with Disabilities, Rural and Small Urban Area Formula Funding, JARC, and New Freedom grant programs without regard to race, color, or national origin and that minority populations are not being denied the benefits of or excluded from participation in these programs.
Findings: During this Title VI Compliance Review of NJ TRANSIT, no deficiencies were found regarding NJ TRANSIT’s compliance with FTA requirements for Program Administration.
NJ TRANSIT provided documentation that it administered FTA funds to subrecipients without regard to race, color or national origin. NJ TRANSIT had included the following items in its State Management Plans (SMPs):

GUIDANCE ON PROGRAM ADMINISTRATION

(Per FTA C. 4702.1A, VI, 2. a. (1) – (5))

In NJ TRANSIT’s SMPs?

  • A description of how the agency develops its competitive selection process or annual program of projects submitted to FTA as part of its grant applications. This description should emphasize the method used to ensure the equitable distribution of funds to subrecipients that serve predominantly minority and low-income populations, including Native American tribes, where present.

Yes

  • A description of the agency’s criteria for selecting transit providers to participate in any FTA grant program.

Yes

  • A record of requests for Elderly Individuals and Individuals with Disabilities, Rural and Small Urban Area Formula Funding, JARC, and New Freedom funding. The record should identify those applicants that would use grant program funds to provide assistance to predominantly minority and low-income populations. The record should also indicate whether those applicants were accepted or rejected for funding.

Yes

  • A description of the agency’s procedures to assist potential subrecipients in applying for Elderly Individuals and Individuals with Disabilities, Rural and Small Urban Area Formula Funding, JARC, and New Freedom funding, including any efforts to assist applicants that would serve predominantly minority and low-income populations.

Yes

  • State DOTs or other administering agencies may classify applicants as providing service to predominantly minority and low-income populations if the proportion of minority and low-income people in the applicant’s service area exceeds the statewide average minority and low-income population.

Yes

15. Providing Assistance to Subrecipients
Guidance: FTA recommends that agencies assist their subrecipients in complying with the general reporting requirements in Chapter IV. The State DOT or other administrating agency should provide assistance at the request of a subrecipient or as deemed necessary and appropriate.
Findings: During this Title VI Compliance Review of NJ TRANSIT, deficiencies were found regarding NJ TRANSIT’s compliance with FTA guidance for Providing Assistance to Subrecipients. After the Site Visit and prior to the issuance of the Draft Report, NJ TRANSIT corrected these deficiencies.
NJ TRANSIT had outdated information in its State Management Plans (SMPs) regarding subrecipient General Reporting Requirements. The SMPs referenced the outdated FTA Circular 4702.1 and required subrecipients to submit such items as lists of minority board members and lists of pending federal grant applications. The SMPs did not require grantees to meet the new General Reporting Requirements to include a method for notifying the public of its Title VI rights or the need to ensure meaningful access to persons who have limited English proficiency.
Following the Site Visit, NJ TRANSIT provided the following updated SMPs:


  • State Management Plan – Section 5311 Program, State of New Jersey, dated June 2010

  • State Management Plan and Program Management Plan, Job Access and Reverse Commute Program (49 U.S.C, Section 5316)

  • State Management Plan – Section 5310 Program, State of New Jersey, dated June 2010

  • State Management Plan and Program Management Plan, New Freedom Program (49 U.S.C, Section 5317)

Each SMP contained the current guidance on Title VI General Reporting Requirements and Guidelines for subrecipients.


16. Monitoring Subrecipients

Guidance: State DOTs or other State administering agencies should monitor their subrecipients for compliance with Title VI.
Findings: During this Title VI Compliance Review of NJ TRANSIT, Advisory Comments were made regarding NJ TRANSIT’s compliance with FTA requirements for Monitoring Subrecipients.
NJ TRANSIT documented an excellent procedure for monitoring its subrecipients. As a part of its subrecipient oversight procedures, NJ TRANSIT monitors its subrecipients for compliance with Title VI. Additionally, NJ TRANSIT’s Diversity Programs office obtained General Reporting Requirements and Guidelines from each contractor and subrecipient annually. NJ TRANSIT was advised to update the annual request to reflect the General Reporting Requirements and Guidelines found in FTA Circular 4702.1A.




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